Aircraft Demolition of obstructions caused by Buildings and Trees etc. Rules, 2026

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-31032026-271470 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 217] NEW DELHI, TUESDAY, MARCH 31, 2026/CHAITRA 10, 1948 MINISTRY OF CIVIL AVIATION NOTIFICATION New Delhi, the 31st March, 2026. G.S.R. 236(E).— WHEREAS the draft Aircraft (Demolition of obstructions caused by Buildings and Trees etc.) Rules, 2025 were published, as required by section 34 of the Bharatiya Vayuyan Adhiniyam, 2024 (16 of 2024), vide number G.S.R. 396(E.), dated the 18th June, 2025, in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of twenty one days from the date on which copies of the Gazette containing the said notification were made available to the public; AND WHEREAS the copies of the said Gazette were made available to the public on the 18th June, 2025; AND WHEREAS the objections and suggestions received from the public in respect of the said draft rules within the period specified have been duly considered by the Central Government; NOW, THEREFORE, in exercise of the powers conferred by sub- section (1) and clause (zc) of sub- section (2) of section 10 read with sections 11 and 18 of the Bharatiya Vayuyan Adhiniyam, 2024 (16 of 2024) and in supersession of the Aircraft (Demolition of obstructions caused by Buildings and Trees etc.) Rules, 1994, except as respects things done or omitted to be done, before such supersession, the Central Government hereby makes the following rules, namely: — 1. Short title and commencement. – (1) These rules may be called the Aircraft (Demolition of Obstructions caused by Buildings and Trees etc.) Rules, 2026. (2) These rules shall come into force on the date of their publication in the Official Gazette. 2. Definitions. – (1) In these rules, unless the context otherwise requires, — (a) "Adhiniyam" means the Bharatiya Vayuyan Adhiniyam, 2024 (16 of 2024); (b) "building" means any structure, whether permanent or temporary, erected within a specified area around an aerodrome; and includes trees; (c) "Director General" means Director General of Civil Aviation appointed under sub-section (1) of section 3 of the Adhiniyam, or any other officer specifically empowered in this behalf by the Central Government under sub-section (4) of section 3 of the Adhiniyam; (d) "District Collector" means the Deputy Commissioner, District Magistrate or any other designation used by any State Government for the officer who is responsible for the district administration; (e) "Form" means a form appended to these rules; (f) "officer-in-charge" means the officer holding charge of the aerodrome by whatever designation known; (g) "owner" means the person having the control of the building or tree, as the case may be; (h) "specified area" means an area as may be specified in the notification not exceeding twenty kilometres from the aerodrome reference point. (2) Words and expressions used but not defined in these rules, and defined in the Adhiniyam, shall have the same meaning as assigned to them in the Adhiniyam. 3. Service of Notification on the owner and submission of report regarding violation. — (1) Where any notification has been issued by the Central Government under sub-section (1) of section 18 of the Adhiniyam and the officer-in-charge has reason to believe that the owner is not complying with such notification, he shall serve a copy of the notification, along with a letter in Form A upon the owner, in accordance with the procedure laid down in sub-section (3) of section 18 of the Adhiniyam. (2) The officer-in-charge, shall forthwith send a report of such violation to the Director General. 4. Order to furnish details. — (1) Where a report under sub-rule (2) of rule 3 is received by the Director General, he may, by an order in writing, direct the owner to furnish a copy of plan showing the location of building, and also disclose the dimensions, or any other details specified in the order, to the officer-in-charge, and a copy to the Director General, within a period not exceeding sixty days from receipt of the order: Provided that the Director General may extend the said period by sixty days, on receipt of reasonable grounds to do so. (2) Where an order is issued under sub-rule (1), the owner shall be bound to furnish the information, and such details, as specified in the order. (3) An order under sub-rule (1) shall be served upon the owner in accordance with the procedure laid down in sub-section (3) of section 18 of the Adhiniyam. (4) If the owner does not comply with the order issued by the Director General, the report submitted by the officer-in-charge shall be considered final. 5. Physical verification by officer-in-charge. — (1) The officer-in-charge shall, upon receipt of details furnished by the owner, apply to the Director General to issue an order allowing verification of the premises of the building, in order to satisfy himself about the correctness of the details provided by the owner. (2) The order issued by the Director General under sub-rule (1) shall specify the purpose and details of the premises to be verified, and shall be valid up to a period of fifteen days from the date of its issuance. (3) The officer-in-charge shall be empowered, for the purposes of verification, to enter the specified premises during day light hours, and with prior notice to the owner, and such owner shall be bound to extend full cooperation during the verification. (4) After the verification, the officer-in-charge shall send a report to the Director General containing his comments based on such verification: Provided that in a case where the owner fails to cooperate, the officer-in-charge shall forward his report with his comments based on whatever verification is possible. 6. Order for demolition. — (1) If the Director General, on examination of the details forwarded to him by the officer-in-charge, is satisfied that the building does not comply with the provisions of notification issued by the Central Government under sub-section (1) of section 18 of the Adhiniyam, he may pass an order directing the owner to demolish or reduce the height of the building to such height, as it may be required for compliance with that notification: Provided that where the owner has failed to furnish details in response to the order under rule 4, the Director General shall be empowered to pass an order based on the report submitted by the officer-in-charge. (2) No order shall be passed under sub-rule (1), unless the owner has been given a reasonable opportunity of being heard. (3) An order passed under sub-rule (1) shall be served upon the owner in accordance with the procedure laid down in sub-section (3) of section 18 of the Adhiniyam. 7. Appeal against the order. — (1) If any person is aggrieved by the final order passed under rule 6, he may prefer an appeal to the appellate authority within a period of thirty days from the date of receipt of copy of the order and the appellate authority shall after hearing the concerned parties, either confirm or reject the final order for the reasons to be recorded in writing. (2) The appellate authority may call for any information, record or any other document from the appellant, if the same is considered relevant. (3) The appellant may file the appeal in the format as provided in Form B, as appended to these rules, with such modifications as may be required depending upon the facts and circumstances of a case along with supporting documents and fee of rupees one thousand in the manner specified by the Director General. (4) The copy of the appellate order shall be provided to the appellant immediately after the pronouncement of the order or at the earliest possible but not later than seven days in any case. 8. Owner to comply with order. — The owner shall comply with the order passed under rule 6 or confirmed or modified under rule 7, as the case may be, within a period of sixty days from the date of receipt of such order. 9. Compensation for loss or damage. — The owner may claim compensation in accordance with the provisions of section 22 of the Adhiniyam: Provided that any owner who, after the date of receipt of a notification under section 18 of the Adhiniyam, erects any building in contravention of the notification, shall not be eligible to claim compensation under this rule. 10. Non-compliance to be reported to the District Collector. — (1) If the owner does not comply with an order in the manner as specified in rule 8, the officer-in-charge shall report the matter to the District Collector, providing a report of the facts of the case along with a copy of the order passed under rule 6 or as confirmed or modified under rule 7, as the case may be. (2) On receipt of the report from the officer-in-charge, the District Collector shall forthwith carry out the demolition or reduction in height of the building, as the case may be, in the same manner as followed in case of demolition of any unauthorised construction in his district. FORM A (See rule 3) Ref. File. No........ Date To [Name of the owner of identified obstacles] [Address] Subject: Intimation under rule 3 of the Aircraft (Demolition of Obstruction Caused by Buildings and Trees) Rules, 2026 regarding presence of obstruction in (obstacle limitation surface) of (name of aerodrome) Sir/Madam, The Central Government in exercise of the power conferred under section 18 of the Bharatiya Vayuyan Adhiniyam, 2024, (16 of 2024) had notified the provisions vide G.S.R. ... (E) dated ...... namely, the ........................................ (hereinafter referred to as the said rules), inter alia, set forth the rules for governing and restricting the height of buildings / structures / trees situated on any land within a radius of twenty (20) kilometers from the Aerodrome Reference Point of a civil / defence aerodrome. The copy of the same is enclosed for reference. 2. Now, therefore, in accordance with rule 3 of the said rules, the undersigned hereby informs that following building/tree/ structure is identified an obstruction in obstacle survey report dated.... and infringing the (type of surface) of (name of aerodrome): — (a) Type: (Building / Tree / Other – specify); (b) Location: (Full address with landmarks and coordinates, if available); (c) Height of Structure/Tree: (Specify in meters above ground level); (d) Distance from Aerodrome Reference Point (ARP): (Mention if known); (e) Permissible top elevation at site and infringement: ....; 3. The above information is being provided to the owner for information and compliance with the notification attached herewith. (Officer-in-Charge) Name of Aerodrome Encl: As above FORM B (See rule 7) Form of appeal to the Appellate Officer +----+----------------------------------------------+----------------+ | 1. | Name(s) of the Appellant | | +----+----------------------------------------------+----------------+ | 2. | Address | | +----+----------------------------------------------+----------------+ | 3. | Email Address | | +----+----------------------------------------------+----------------+ | 4. | Phone No. | | +----+----------------------------------------------+----------------+ | 5. | Order No. with date, against which the appeal| | | | is preferred (copy of the order to be enclosed)| | +----+----------------------------------------------+----------------+ | 6. | Name and Post of the officer by whom the | | | | order is passed | | +----+----------------------------------------------+----------------+ | 7. | Operative part of order | | +----+----------------------------------------------+----------------+ | 8. | Date on which the copy of order received by | | | | the appellant | | +----+----------------------------------------------+----------------+ | 9. | Date of completion of thirty days limitation | | | | period | | +----+----------------------------------------------+----------------+ | 10.| Brief facts of the case | | +----+----------------------------------------------+----------------+ | 11.| Grounds of Appeal | | +----+----------------------------------------------+----------------+ | 12.| Prayer of the Appellant | | +----+----------------------------------------------+----------------+ | 13.| Fee and transaction details | | +----+----------------------------------------------+----------------+ | 14.| Other details with supporting documents, if | | | | any | | +----+----------------------------------------------+----------------+ Verification I the appellant, do hereby declare that what is stated above is true to the best of my information and belief. Name and Signature of the Appellant [F. No. AV-11012/5/2025-D G] SHOBHIT GUPTA, Jt. Secy.