Section 23A(4) in The Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001
(4)Where the owner of the properties seized or the person having control of the same does not furnish explanation or thee explanation given is not satisfactory and the Sub-Divisional Magistrate is satisfied that the properties seized under section 23 are to be confiscated he shall by an order confiscate the same and the fact shall be informed in writing to its owner or the person having its control:Provided that the owner of the properties seized or the person having its control shall be given the liberty to reclaim it, except sand by remitting an amount equal to the value of the confiscated articles, as fixed by the Collector in lieu of the properties confiscated:Provided further that the sand confiscated shall not for any reason be released by realising the value.
