The Ministry of Civil Aviation has introduced the Aircraft (Demolition of Obstructions Caused by Buildings and Trees etc.) Rules, 2025 to strengthen aviation safety across India. These draft rules address the issue of unauthorised buildings and trees obstructing safe aircraft operations near airports. Obstructions can pose serious risks during take-offs, landing and navigation. The rules provide a clear process for identifying, notifying, verifying and removing such encumbrances. They also establish mechanisms for owners to submit details, appeal orders and seek compensation. This updated regulatory framework aims to protect air navigation by minimising hazards posed by obstructions, improving collaboration among stakeholders, and enhancing enforcement through timely reporting and, where necessary, demolition. These rules will replace the obsolete 1994 rules and will be in line with the Indian Aircraft Act, 2024.
Table of Contents
- Overview and Legislative Background
- Benefits of these Aircraft (Demolition of Obstructions) draft rules
- Key Provisions of Aircraft (Demolition of Obstructions Caused by Buildings and Trees etc.) Rules, 2025
- Short Title and Extent
- Definitions and Interpretation. –
- Orders to Furnish Details by Owners
- Verification and Forwarding of Details by Aerodrome Officers
- Orders for Demolition, Cutting, or Height Reduction of Obstructions
- Appeal Mechanism against Orders
- Compliance by Owners and Compensation Provisions
- Delegation of Powers and Exemptions by Central Government
- Repeal of Previous Rules and Savings Clause
- Process of Notification and Reporting Violations
- Reporting Non-Compliance to District Collector and Enforcement
- Conclusion
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Overview and Legislative Background
The draft rules have been framed under the powers conferred by Sections 10, 11, 18, 20 and 33 of the Indian Aircraft Act, 2024. The Act empowers the Central Government to regulate civil aviation security, including control of obstacles around airports. Under Section 18, the government can issue a notification identifying obstacles that pose a threat to aircraft safety. The Aircraft (Demolition of Obstructions Caused by Buildings and Trees etc.) Rules, 2025 updates and replaces the earlier 1994 rules, ensuring harmony with the new legal framework. These regulations empower the authorities in charge of airports to inspect suspicious obstructions and issue removal or altitude reduction orders in coordination with the Director General of Civil Aviation (DGCA). The rules also mandate the cooperation of property owners and provide an appeal mechanism. If the owners do not comply with the orders, the district attorney plays an important role in enforcing the orders. The purpose of this legislative framework is to protect public safety and support the expansion of civil aviation infrastructure.
Benefits of these Aircraft (Demolition of Obstructions) draft rules
The Aircraft (Demolition of Obstructions) Rules, 2025 offer several benefits to India’s aviation sector:
- Improving Aviation Safety: By removing dangerous obstacles near airports, regulations help prevent accidents and promote safe aircraft operations.
- Clear Procedures: The rules set straightforward steps for notification, verification, and enforcement, reducing confusion among authorities and owners.
- Legal Clarity and Accountability: Owners of obstructing buildings or trees must comply with the orders, ensuring responsibility for maintaining a safe environment around airports.
- Fair Appeal System: Property owners can appeal orders, providing a transparent and fair forum to contest decisions.
- Compensatory Protection: The rule allows owners to claim compensation for vandalism or cutting, and balances enforcement with the owner’s rights.
- Effective Enforcement: Involvement of aerodrome officials and district collectors ensures timely action against non-compliance, thereby reinforcing the authority of DGCA and central government.
Key Provisions of Aircraft (Demolition of Obstructions Caused by Buildings and Trees etc.) Rules, 2025
These rules include:
1. Short Title and Extent
The rules are named Aircraft (Demolition of Obstructions Caused by Buildings and Trees etc.) Rules, 2025. They apply throughout India and become effective immediately upon publication in the Official Gazette.
2. Definitions and Interpretation. –
In these rules, unless the context otherwise requires, —
- “Act” means the Bharatiya Vayuyan Adhiniyam, 2024 (16 of 2024),
- “Building” shall include any structure, whether permanent or temporary, erected within a specified area around an aerodrome,
- “District Collector” shall include Deputy Commissioner, District Magistrate or any other designation used by any State Government for the Officer-in-Charge of the District Administration,
- "Director General" means Director General of Civil Aviation,
- “Owner” shall include the person having the control of the building or tree, as the case may be,
- “Officer-in-Charge of an Aerodrome” shall mean the officer holding charge of the airport by whatever designation known.
- The words and expressions used herein but not defined, and defined in the Bharatiya Vayuyan Adhiniyam, 2024 (16 of 2024) shall have the same meaning as assigned to them in the said Act.
3. Orders to Furnish Details by Owners
If a building or tree likely violates safety norms, the officer-in-charge serves a notification to the owner under Section 18 of the Act. The Director General or authorized officer may order the owner to provide detailed plans, including location and dimensions, within 60 days, extendable by another 60 days for valid reasons.
4. Verification and Forwarding of Details by Aerodrome Officers
The aerodrome officer verifies the information through physical inspection during daylight hours, with prior notice to the owner. If cooperation is denied, the officer proceeds with available data. Verified details and comments are forwarded to the Director General.
5. Orders for Demolition, Cutting, or Height Reduction of Obstructions
After review and hearing the owner, the Director General can order demolition, cutting, or height reduction to meet safety standards within a specified timeline. If the owner fails to provide details, orders may be issued based on available information. Further surveys may be directed if necessary.
6. Appeal Mechanism against Orders
Owners dissatisfied with orders can appeal to designated appellate officers within the framework of Section 33 of the Act. Appeals require Form A, documents, and a fee of ₹1,000. Appellate officers can summon records, hear the appellant, and issue final decisions confirming, modifying, or setting aside the original order.
7. Compliance by Owners and Compensation Provisions
Owners must comply with orders within 60 days. Compensation can be claimed under Section 22 of the Act for demolition or cutting unless the structure was built post-notification in violation. This protects owners’ rights while ensuring safety compliance.
8. Delegation of Powers and Exemptions by Central Government
The Central Government may delegate the DGCA’s powers to other officers. It can also exempt any person or case from the rules under Section 20, allowing flexibility in enforcement.
9. Repeal of Previous Rules and Savings Clause
These rules repeal the Aircraft (Demolition of Obstructions caused by Buildings and Trees etc.) Rules, 1994, except for actions before repeal. This ensures no disruption to ongoing cases and aligns all procedures with the 2024 Act.
Process of Notification and Reporting Violations
The process includes:
- The Central Government issues notifications under Section 18 identifying potential obstructions.
- The officer-in-charge of the aerodrome monitors buildings and trees for violations.
- Suspected obstructions trigger service of notification to the owner.
- The officer-in-charge immediately reports the violation to the Director General.
- The Director General may order owners to furnish detailed plans.
- Aerodrome officers verify and forward details with comments to the Director General.
Reporting Non-Compliance to District Collector and Enforcement
The non-compliance to district collector:
- If owners fail to comply within 60 days, the officer-in-charge reports to the District Collector.
- The report includes a summary of facts and copies of relevant orders.
- The District Collector enforces demolition, cutting, or height reduction, following district protocols for unauthorized constructions.
- This enforcement ensures prompt removal of safety hazards near aerodromes.
Conclusion
The Aircraft (Demolition of Obstructions Caused by Buildings and Trees etc.) Rules, 2025 mark a significant upgrade in India’s civil aviation safety framework. They provide clear procedures for managing obstructions near aerodromes, balancing strict safety requirements with fairness through appeals and compensation. By involving multiple authorities, the DGCA, aerodrome officers, and District Collectors, the rules promote effective enforcement and faster resolution of violations. These updated regulations replace outdated rules, reflecting modern aviation needs and legal provisions under the Bharatiya Vayuyan Adhiniyam, 2024. Ultimately, these draft rules protect lives, support the safe expansion of airports, and foster a secure environment for air navigation in India.
This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not corpseed, and have not been evaluated by corpseed for accuracy, completeness, or changes in the law.
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