Frame guidelines to recover funds not utilised for parking scheme: Gauhati HC to Mizoram

Aizawl: The Gauhati high court has expressed concern over the implementation of the Parking House Scheme (PAHOSS) in Mizoram and directed the state govt to formulate guidelines for recovering funds from beneficiaries who failed to utilise the grants for the purpose for which they were sanctioned.Hearing a suo motu public interest litigation relating to construction and parking facilities in Aizawl, a division bench comprising Justice Michael Zothankhuma and Justice Sanjeev Kumar Sharma observed that the current situation regarding the scheme ‘cannot be allowed to continue’.The court’s observation came after examining an affidavit submitted by the urban development and poverty alleviation department on June 4.The affidavit stated that while Clause 7(3) of the PAHOSS allows for recovery of assistance in cases where beneficiaries fail to complete or implement approved parking projects, it does not specifically address situations where completed facilities are used for purposes other than those envisaged under the scheme.Records placed before the court showed that 139 beneficiaries in Aizawl received Rs 11.36 crore under the scheme. The draft agreements executed between the govt and beneficiaries were also submitted before the court.The govt also informed the court that no recovery proceedings had been initiated against beneficiaries who stopped using the parking facilities according to the scheme’s objectives.Taking exception to the position, the bench noted that the govt had disbursed public funds to beneficiaries but had not taken any action when the scheme’s intended objectives were not allegedly fulfilled.“The state govt will have to take recovery measures in cases where the beneficiary of the grants under PAHOSS has not utilised the same for PAHOSS,” the court said.The court also directed the govt advocate to produce all original agreements signed under PAHOSS, along with the relevant official records, on the next date of hearing.In addition, the state respondents were ordered to carry out a verification of all beneficiaries listed in annexure-I of the affidavit and submit a report on whether each beneficiary had implemented the scheme in accordance with the terms of the agreement signed with the govt.The matter has been listed for further hearing on July 15.