records the land as “Gair Mumkin Johar” i.e. a village pond. The land in dispute was apparently left behind by muslims, who migrated to Pakistan, upon partition of the country. A dispute whether “Shamilat Deh” left behind by muslim migrants vests in a Gram Panchayat or is evacuee property, came up for consideration before the Hon'ble Supreme Court in Gram Panchayat, Jalampur (supra). After considering the matter in its entirety, the Hon'ble Supreme Court held that “Shamilat Deh” left behind by muslim migrants vests in Gram Panchayats. The land is, therefore, “Shamilat Deh” and not evacuee property and cannot be sold in an auction much less in a restricted auction. However, as the matter is stated to be pending consideration, on a related issue and as no one has put in appearance on behalf of the legal representatives of respondent no.4, it would be appropriate while setting aside the order dated 11.04.1990 and remitting the matter to the Joint Secretary, Rehabilitation Department, Haryana, to direct him to decide whether the Rehabilitation Department has any jurisdiction to auction “Shamilat Deh”, after taking into consideration the provisions of the PEPSU Village Common Lands (Regulation) Act, 1954 and the Punjab Village Common Lands (Regulation) Act, 1961 Act, the relevant jamabandis recording the land as “Gair Mumkin Johar”, the judgment of the Hon'ble Supreme Court in Gram Panchayat, Jamalpur(supra) and all other relevant rules, regulations and policies that may have been framed by the
