Section 6 in The Aircraft (Demolition Of Obstructions Caused By Buildings And Trees, Etc.) Rules, 1994
6. Final order .- [(1)] If the [Joint Director General or a Deputy Director--General of Civil Aviation] [Substituted by G.S.R. 267(E), dated 9.4.2002 (w.e.f. 9.4.2002). ], on an examination of the details forwarded to him by the officer-in-charge of the aerodrome, is satisfied, after giving the owner an opportunity of being heard, that the building or tree in question does violate the provisions of the notification issued by the Central Government under sub--section (1) of section 9-A of the Act, he shall pass a final order in the matter directing the owner to demolish the building, or to cut the tree, or to reduce the height of the building, or the tree, as may be required for compliance with the provisions of the notification, within a specified period. In case of reduction in the height of building, or tree, as the case may be, the permissible height shall also be specified in the order:
Provided that in a case where the owner has failed to furnish details in response to the order under rule 4, the a Joint Director General or a Deputy Director-General of Civil Aviation shall be empowered to pass a final order based on information made available to him by the officer-in-charge of the aerodrome, or any other reliable source.(2)[ The final order passed under sub-rule (1) shall be served on the owner through the officer-in-charge of the aerodrome in accordance with the procedure laid down in sub-section (3) of section 9-A of the Act.] [Inserted by G.S.R. 314(E), dated 25.5.2006 (w.e.f. 25.5.2006). ][6-A. Appeal against the final order.-If any person is aggrieved by the final order passed under rule 6, he may prefer an appeal to Director General of Civil Aviation within sixty days of the date of the order and the Director General shall after hearing the concerned parties, desirous of being heard, either confirm or modify or reject the final order.]
