Gauhati HC Directs Consideration Of Plea For Refund By Pilgrims Who Were Given Regular Flights For Haj Pilgrimage Despite Paying For Charetered Flight

The Gauhati High Court recently directed Central Haj Committee to dispose the representations of 137 Haj pilgrims seeking for the refund of the excess flight fare within 90 days, as they were allegedly asked to take normal passenger flight despite paying fare of an international chartered flight from Guwahati to Jeddah, as per the provisions laid down in Section 42 of the Haj Committee Act, 2002.

The single judge bench of Justice K. Sema Observed:

“…….the Haj Committee of India i.e. the respondent No. 2 shall dispose the representations dated 22/11/2023 submitted by the petitioner by speaking order after hearing the petitioners and by adhering to the mandate of section-42 of the Haj Committee Act, 2002. All exercise for compliance of this order shall be completed within a period 90(ninety) days from the day of passing of this order.”

The petitioners were the Haj piligrims during Haj 2023. In 2023 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.

The Counsel appearing for the petitioners submitted 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 embarkation 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 submitted two representations addressed to the Chief Executive Officer, Haj Committee of India on November 22, 2023 seeking for the refund of the excess amount which was collected from Haj pilgrims. It was the contention of the petitioners that the Haj Committee as of date has neither disposed the representations nor refunded the amount to the petitioners.

Therefore, the petitioners has filed the present writ petition before the High Court praying for the directions to the Haj Committee of India to dispose the representations dated November 22, 2023 submitted by the petitioners in accordance with Section 42 of the Haj Committee Act, 2002.

Then Court disposed of the petition with the directions to the Haj Committee of India to dispose the representations of the petitioners dated November 22, 2023 within a period of 90 days by speaking orders as per the provisions laid down in Section 42 of the Haj Committee Act, 2002.

Case Citation: 2024 LiveLaw (Gau) 17

Case Title: Anwarul Haque Laskar & 136 Ors. v. Union of India & 2 Ors.

Case No.: WP(C)/965/2024

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