Dispose Pilgrims’ Plea Regarding Refund Of Excess Airfare Amount Within 90 Days: Gauhati HC Directs Central Haj Committee
The Gauhati High Court directed the Central Haj Committee to dispose of representations submitted by Haj Pilgrims seeking refund of excess airfare amount within 90 days by adhering to the mandate of the Haj Committee Act, 2002.
The Single-Judge Bench of Justice Soumitra Saikia ordered, “Accordingly, the respondent No. 2 shall dispose the representations submitted by the petitioners by speaking order after hearing the petitioners and by adhering to the mandate of section-42 of the Haj Committee Act, 2002.”
Advocate H K J Ahmed represented the Petitioners while Deputy Solicitor General of India, Government Advocate Assam represented the Respondent.
The petitioners in this case are the Haj pilgrims during Haj 2023. In 2023, a tender was called for chartered flight and after finalising the tender selected Haj pilgrims of Assam were asked to deposit Rs. 3,82,297 for Haj expenditure including the air fare of the chartered flight. It was brought to the Court’s notice that out of Rs 3,82,297, Rs 1,54,694 was collected as air fare of the chartered flight from Guwahati to Jeddah. However, during the boarding at Guwahati, pilgrims of Assam were asked to take normal passenger flight instead of international chartered flight.
It was the case of the petitioners that though the Haj Committee of India had cancelled the chartered flight from Guwahati but the excess amount which was deposited by the pilgrims for the chartered flight was not refunded. The petitioners accordingly submitted various representations addressed to the Chief Executive Officer, Haj Committee of India seeking for the refund of the excess amount which was collected from Haj pilgrims but the Haj Committee as of date had not disposed of the representations nor refunded the amount to the petitioners.
In such circumstances, the petitioners approached the High Court with the limited prayer to direct the Haj Committee of India to dispose of the representations submitted by the petitioners in accordance with section-42 of the Haj Committee Act, 2002.
Going through the representations, factual and legal aspects of the case, the Bench said, “In the light of the submissions made by the learned counsel for the parties, this Court proposes to dispose of the writ petition with a direction to the respondent No. 2 to dispose the representations submitted by the petitioners strictly in the light of the provisions contain in section-42 of the Haj Committee Act, 2002.”
The Bench directed the Chief Executive Officer of the Central Haj Committee of India (respondent No. 2) to dispose of the representations submitted by the petitioners by speaking order after hearing the petitioners and by adhering to the mandate of section-42 of the Haj Committee Act, 2002.
The Bench concluded the matter by further adding, “All exercise for compliance of this order shall be completed within a period 90(ninety) days from the day of passing of this order.”
Cause Title: Samsul Hussain and 90 Ors vs. Union Of India & 2 Ors. [Case No. WP(C)/6257/2024]
Appearance:
Petitioner:Advocate H K J Ahmed
Respondent: Deputy Solicitor General of India, Government Advocate Assam