mumbai state govt on monday told bombay high court that plot owners are covered by the definition of a promoter under real estate regulation and development act if they take part in the construction and also in the sale of flats it was replying to petition challenging a circular by the state authority under rera which makes owners copromoters in a real estate project the may 11 office order of the maharashtra real estate regulatory authority has notified that any owner or organisation which signs a development agreement with a builder will also have to register under rera and will be treated as a copromoter of the project it says this is because the owner will be entitled to a share of the to total revenue generated from the sale of flats or total area developed it also states that liabilities of such coproduced will be at par with the promoter of the projectarguing for the owners of a 3 acre plot at malad west advocate girish godbole with advocate vishwajeet kapase argued that the authority has no jurisdiction to define a copromoter it is not within the purview of the authority who is only an executive body said godbole he pointed out that under maharashtra ownership flats act the owner hands over the land to the developer under a power of attorney and is not included as a promoter there is no obligation for the owner under mofa he addedadvocate general ashutosh kumbhakoni alongwith advocate shardul singh said all that the authority has done is issue a clarification of how the definition should be seen general public is not aware of the niceties of the act he said kumbhakoni explained that rera is aimed to regulate construction activity and also sale of flats to third partyif he owner is part of construction and also the sale of flats he is a promoter he said adding that the petition deserves to be dismissed he also added that the owners have retained 35 per cent of the flats and will sell the flatsthe judges said the court will have to consider the definition of promoter it depends on the facts and circumstances of each agreement and is not a general agreement said justice mohta the judges directed the government to file its reply and posted the hearing after three weeks