The Ministry of Civil Aviation (MoCA) on April 15, 2023, published the Aircraft (Demolition of Obstructions caused by Buildings and Trees, etc.) (Amendment) Rules, 2023 to further amend the Aircraft (Demolition of Obstructions caused by Buildings and Trees, etc.) Rules, 1994.
These Rules shall come into force on April 15, 2023
The following has been amended namely: -
• In Rule 3 which states “Notification to be served” the following rule shall be substituted, namely: -
“3. Service of Notification on the owner and submission of the report regarding the violation. —
(1) Where any notification has been issued by the Central Government under sub-section (1) of section 9A of the Act and the officer-in-charge of the concerned aerodrome has reason to believe that any building or tree exists in violation of the provisions of the aforesaid notification, he shall serve a copy of the notification on the owner of the building or tree, as the case may be, in accordance with the procedure laid down in sub-section (3) of said section.
(2) The officer-in-charge of the concerned aerodrome shall forthwith send a report of such violation to the Director General of Civil Aviation, or any officer authorized by him on this behalf.”;
• In Rule 4 which states “Owner to furnish details” the following rule shall be substituted, namely: —
“4. Order to furnish details. — (1) Where, a report under sub-rule (2) of rule 3 is received by the Director General of Civil Aviation, or any officer authorized by him on this behalf, he shall, by written order, direct the owner of such building, or tree, to furnish to the officer-in-charge of the aerodrome, within a period not exceeding sixty days of receipt of the order, a plan showing the location of building, or tree, and also disclosing the dimensions or any other details specified in the said order. Provided that the period of sixty days may be extended by another sixty days by the Director General on submission of reasonable grounds.
(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 the manner as laid down in sub-section (3) of section 9A of the Act.
(4) In case the details are not submitted as per sub-rule (1) within the period of sixty days or within the period extended by the Director-General, as the case may be, the details submitted by the Aerodrome Operator may be considered as final.”
• In Rule 7 which states “Owner to comply with the order” after sub-rule (2), the following sub-rule shall be inserted, namely: -
“(3) Any owner who, after the date of coming into force of the notification under section 9A of the Act, constructs, or erects any structure in non-compliance of the provisions of the notification shall not be eligible to claim compensation under sub-rule (2)”.
[Notification No. G.S.R. 291(E)]
