Introduction
In order to support India’s rapidly expanding aviation sector and to ensure air safety, Ministry of Civil Aviation on March 31, 2026 introduced Aircraft (Demolition of Obstructions caused by Buildings and Trees etc.) Rules, 2026 superseding the Aircraft (Demolition of Obstructions caused by Buildings and Trees etc.) Rules, 1994. The updated regulatory framework clearly defines enforcement measures and protocols for managing buildings, trees and structures near airports which are capable of endangering or obstructing flight operations. These rules are framed under Bhartiya Vayuyan Adhiniyam Act, 2024 which aims to regulate and eliminate physical obstructions near or inside aerodromes.
Objectives
These rules derive their powers from Sections 10, 11 and 18 0f the Bharatiya Vayuyan Adhiniyam Act, 2024. Their primary objectives are:
- To Ensure safe aircraft operations.
- To Prevent hazards caused by unauthorized constructions or tree growth.
- To Establish a uniform enforcement mechanism across India.
Key Provisions Aircraft (Demolition of Obstructions) Rules, 2026
- The Bharatiya Vayuyan Adhiniyam Act, 2024, provides the legal authority for Aircraft (Demolition of Obstructions caused by Buildings and Trees etc.) Rules, 2026 and are applicable to any tree or structure which is located within the “specified area,” having radius of up to twenty (20) kilometers from the Aerodrome Reference Point (ARP) for both civil as well as defense airports as specified under Rule 2(h).
- When Officer-In-Charge of the airdrome suspects any breach of height restrictions and has reason to believe that owner is not complying with the conditions, he is authorised to issue a formal notice to the Owner and report such concern to the Director General of Civil Aviation (DGCA) as specified under Rule (3).
- Owner shall provide a copy of the plan indicating location, dimensions or any other specified details of the building to the Officer-In-Charge and to the Director General within the stipulated timeframe as specified under Rule (4).
- Once the Owner provide building details under Rule (5) which allows Aviation Officials to perform inspections on-site after giving appropriate notice for the purpose of verification and assessing any suspected risks to flight safety.
- If the Director General after reviewing officer’s report finds out any violation of mentioned height restrictions under Rule 6, DGCA may issue an order for the reduction of height and demolition of building to ensure compliance. Provided that no such order shall be issued without giving the Owner a reasonable opportunity of being heard.
- Aggrieved Person is allowed to make an appeal to the appellate authority against the reduction or demolition within a period of thirty (30) days as specified under Rule 7.
- Rule 8 states that the Owner is bound to comply with the order under Rule 6 or with the order confirmed or modified under Rule 7 within a period of sixty (60) days from the date of receipt of such order.
- Building Owner may claim Compensation for loss or damage under Section 22(Manner of determination and payment of compensation for loss or damage) of the Bharatiya Vayuyan Adhiniyam Act, 2024, however, compensation won’t be granted if the building has been constructed in violation of height restrictions (Rule 9).
- According to Rule 10, failure to comply results in the demolition of the structure or a reduction in its height by the District Collector, based on information received from the Officer-In-Charge, following the applicable procedures.
Comparative Analysis: 1994 vs. 2026 Rules
| Particulars | 1994 Rules | 2026 Rules |
|---|---|---|
| Parent Legislation | Aircraft Act, 1934 (British era) | Bharatiya Vayuyan Adhiniyam Act, 2024 |
| Objective | Removal of physical obstructions near aerodromes | Aviation Safety + structured enforcement ecosystem |
| Area Covered | Specified aerodrome area (less explicitly defined) | Defined “Specified Area” upto twenty (20) km from Aerodrome Reference Point |
| Coverage | Building & Trees | Buildings, Structures, Installations, and Trees |
| Trigger of Applicability | On violation of notified height restrictions | Suspected or actual safety hazard |
| Appeal Timeline | To be filed within 60 days | Shortened to thirty (30) days for quick response |
| Appeal Fees | Not specifically mandated in the rules | Mandatory fee of Rupees one thousand (Rs. 1,000) using Form B |
| Verification Order | Broad powers for the Officer-in-Charge | Requires a specific order from the Director General (DG) valid for only fifteen (15) days |
| Compliance Period | 60 days from the date of the order | Sixty (60) days, however, non-compliance is now reported more formally to the District Collector |
| Aviation Safety Integration | Low | High |
| Penalties/Fine | Limited monetary penalties under the old Act | Heavily increased; fine up to Rs. 1 Crore under Adhiniyam, 2024 |
Conclusion
Aircraft (Demolition of Obstructions caused by Buildings and Trees etc.) Rules, 2026 marks a major turning point in aviation regulation. With more clarity for enforcement steps and definition of ‘Obstructions’ proper balance has been maintained between public safety and their property rights. Finally, these compliances are no longer optional – it is a legal necessity for all the landowners and developers operating near or inside the aerodromes.
Disclaimer
The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. The content of this article is not intended to create and receipt of it does not constitute any relationship. Readers should not act upon this information without seeking professional legal counsel.