10. (1) The Government may, if it is satisfied on application made by the owner of a controlled forest, or by the Regional Forest Officer in whom the control of a private forest is vested under this Ordinance that any land adjoining such forest has not been cultivated during the three years immediately preceding the year in which such application is made and that such land is suitable for afforestation, by notification, announce its intention to declare such land to be liable to be made over to the owner of such controlled forest or vested forest, as the case may be. (2) Every notification issued under sub-section (1) shall specify a period within which objections to the proposed declaration may be submitted by any person interested in such land to the Appellate Committee and a copy of every such notification shall be served in the prescribed manner on the person entitled to cultivate such land. (3) After the expiry of the period so specified in a notification issued under sub-section (1), the Appellate Committee shall hear the objections, if any, submitted by the person entitled to cultivate such land or any other person interested in such land and any evidence which any such person may produce in support of the same, and forward the objections so submitted and its opinion thereon to the Government. (4) If, after considering the objections and the opinion of the Appellate Committee forwarded under sub-section (3), the Government is of opinion that such land should be declared to be liable to be made over to the owner of the controlled or vested forest referred to in sub-section (1), the Government shall issue a notification- (a) declaring such land to be liable to be made over to the owner of such forest to be specified in the notification, (b) specifying as nearly as possible the situation and limits of such lands, and (c) appointing a Forest Settlement Officer to determine, subject to any rules made under this Ordinance, by an order in writing,- (i) what rights in or over such land shall be extinguished, and (ii) what rent, if any, shall be payable by the owner of such forest to any landlord of such land. (5) When a notification has been issued under sub-section (4), the amount of the compensation payable under sub-section (6) to every person whose rights as specified by the Forest Settlement Officer under sub-clause (i) of clause (c) of sub-section (4), are to be extinguished shall be determined, subject to any rules made under this Ordinance, in the manner and in accordance with the principles hereinafter set out, that is to say,- (i) when the amount of compensation can be fixed by the Forest Settlement Officer appointed under clause (c) of sub-section (4) by agreement, it shall be paid in accordance with such agreement; (ii) where no such agreement can be reached, the Government shall appoint as arbitrator, a person who has exercised the powers of a District Judge in Bangladesh or who possesses such qualifications as are normally required for appointment to the post of District Judge in Bangladesh; (iii) at the commencement of the proceedings before the arbitrator the owner of the forests or the Regional Forest Officer by whom the compensation is payable, and the person to be compensated shall state what in their respective opinions is a fair amount of compensation; (iv) the arbitrator in making his award shall have regard to the provisions of ¹[sub-section (1) of section 8 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ord. No. II of 1982)] so far as the same can be made applicable; (v) an appeal shall lie to the ²[High Court Division] against an award of an arbitrator except in cases where the amount thereof does not exceed an amount prescribed in this behalf; (vi) save as provided in this sub-section and in any rules made under this Ordinance, nothing in any law for the time being in force shall apply to arbitrations under this sub-section. (6) The amount of compensation determined under sub-section (5) shall be paid in the prescribed manner in the case where the notification under sub-section (1) was issued on the application of the owner of a controlled forest, by such owner, and in the case where such notification was issued on the application of a Regional Forest Officer, by such officer out of the profits of the vested forest adjoining such land, to the person entitled to such compensation and, on payment of such compensation the land shall be made over by the Forest Settlement Officer appointed under clause (c) of sub-section (4), to the owner of the controlled or vested forest specified in the notification issued under that sub-section and shall thereupon vest in such owner and all rights in or over such land specified by the said officer under sub-clause (i) of the said clause shall with effect from the date on which such land is so made over, be extinguished. (7) When any land is made over under sub-section (6) to the owner of a forest, it shall, with effect from the date on which it is so made over, be deemed to be a private forest. (8) When any such land is made over under sub-section (6) to the owner of a vested forest which adjoins such land, the control of such land shall be vested in the Regional Forest Officer in whom the control of such forest is for the time being vested and the land shall, for the purposes of this Ordinance, be deemed to be a vested forest. (9) When any such land is made over under sub-section (6) to the owner of a controlled forest which adjoins such land, the Regional Forest Officer may, after consultation in the prescribed manner with the Conservator of Forests of the forest circle within which such controlled forest is situated, by an order in writing, a copy of which shall be served on such owner in the prescribed manner, either direct that the approved working plan in respect of such controlled forest shall be deemed to be the working plan approved for such land under sub-section (1) of section 4 or require such owner to prepare in the prescribed manner and submit within the period to be mentioned in such order to such officer a working plan in respect of such land. (10) Where the owner of a controlled forest is required under sub-section (9) to prepare and submit a working plan in respect of the land made over to him under sub-section (6), the provisions of sections 3 and 4 shall apply to such working plan as if such owner has been required to prepare such working plan under sub-section (1) of section 3.