Capital Gain or PGBP

Our client is individual and government servent. they purchase land on his and spouse name. Now they devlop property through builder.

development agreement not done

agreement between builder and our client is builder constructed building without consideration and taking half portion on their custody. remain half area of building sell our client

whether we can show our client has start development activity and profit earned by them is businesses activity or they attract capital gain tax

please help me. thanks in advance