ABICHANDANI, J. ( 1 ) THE petitioners have approached this Court seeking directions on the respondent No. 2-Corporation to discharge its obligatory duties under the provisions of the Bombay Provincial Municipal Corporations act, 1949 (hereinafter referred to as the Act) and to provide all essential services to the residents of Krishnanagar Housing Colony. ( 2 ) THE petitioner No. 1 is a Public Charitable Trust, whose main objects are said to be of carrying on activities for the benefit of consumers. The petitioner No. 2 is a resident of the Krishnanagar housing Colony. It is situate at Saijpur Bogha, Naroda, which area has been included in the city of Ahmedabad since February 1986. At the appropriate direction to the Ahmedabad Municipal Corporation to take over water supply in Krishnanagar Housing Colony, Ahmedabad. hearing of this petition, it was not disputed that the area of the said residential colony has been included within the city of Ahmedabad. It appears that the Krishnanagar Housing Colony was constructed under the low Income Group Scheme by the respondent No. 3 - the Gujarat Housing board and there are more than 2,000 flats which were given to the members of the Scheme on hire purchase basis. The Scheme was materialised in the year 1967 and the Housing Board had made provisions for essential services like, water supply, drainage, street lights, etc. , for the residents of the said Housing Colony. According to the petitioners, after the area was included in the city of Ahmedabad from 23/02/1986, the respondent No. 2-Municipal Corporation became responsible for reasonable and adequate provisions for making essential services available to the residents of the Colony. It appears that there are various registered agencies of the members to whom the houses are allotted under the Scheme and they are governed by the regulations of the Housing Board as regards common portions and common services of the buildings in question. There is also a Central Federation of the registered agencies. It appears that the conservancy tax is recovered by the Corporation from the house-owners/ occupiers of the said area. The residents of the Colony through their Central federation had made a representation on 4/01/1988 to the Municipal corporation requesting for providing all the essential services which were being hitherto provided by the Gujarat Housing Board. It appears that the conservancy tax is recovered by the Corporation from the house-owners/ occupiers of the said area. The residents of the Colony through their Central federation had made a representation on 4/01/1988 to the Municipal corporation requesting for providing all the essential services which were being hitherto provided by the Gujarat Housing Board. It appears that the hire purchase period was over in the year 1987 and the residents who had paid up all instalments were to be the owners of their respective flats and the conveyances were to be executed by the Board in their favour. The residents of the said Colony, therefore, expected the Municipal corporation to provide the basic amenities to them as is being done to the other inhabitants of the Municipal areas. ( 3 ) IT was contended by the learned Counsel appearing for the petitioners that the Corporation was liable to provide water facility to the inhabitants of the city and it ought to take over the water works which were operated by the Gujarat Housing Board for supplying water to the residents of the said Colony or in the alternative, supply water to the residents of the said colony. It was further contended that the Corporation should treat the internal road as a public road and look after its maintenance. As regards drainage, it was submitted that the grievance of the petitioner did not survive since the drainage facility has already been provided in the said area during the pendency of the petition. ( 4 ) THE learned Counsel appearing for the respondent-Municipal corporation submitted that any portion of the town planning road which is vested in the Corporation would be looked after and maintained by the corporation, but, the internal roads of the Housing Board Colony are not required to be treated as public streets enjoining upon a duty on the corporation to maintain them or to provide for the lighting facility on such private streets. As regards water supply to the Colony, it was submitted that it was the duty of the Gujarat Housing Board to continue supply of water and the Corporation would, as per its priorities, consider the needs of the inhabitants who are not having any water supply and will, in accordance with the Zonal Map of Water Supply, provide water also to the inhabitants of this Colony as and when its turn comes according to the progress of the water zone. ( 5 ) THE learned Counsel appearing for the Gujarat Housing Board submitted that the Housing Board would continue to supply water from the water works, but the supply is given by operating bore-well which results in huge electricity charges which the inhabitants of the Colony find it difficult to bear and, therefore, if water is supplied even upto the groundlevel by the Corporation, the residents of the Colony can be distributed the same by the Gujarat Housing Board by operating the water works. ( 6 ) THOUGH in the affidavit-in-reply in some places, the respondent corporation had taken up a stand that the Colony was not included within the Municipal area, at the hearing of this petition, it was not disputed that the Krishnanagar Housing Colony area has been merged in the city of Ahmedabad and that the Corporation has been charging conservancy tax from its inhabitants. ( 7 ) THE obligatory and discretionary duties of the Corporation have been described in Chapter-VI of the Act. Under Sec. 63, the obligatory duties are enumerated and it is made incumbent upon the Corporation to make reasonable and adequate provision, by means or measures which it is lawfully competent to use or to take, for the matters enumerated in the said Section. The matters which may be provided for by the corporation at its discretion are enumerated in Sec. 66 of the Act. As per Item No. 20 of Sec. 63, the Corporation is required to make reasonable and adequate provision for the management and maintenance of all municipal Water Works and the construction or acquisition of new works necessary for sufficient supply of water for public and private purposes. It is, therefore, clear that it is an obligatory duty of the Corporation to take adequate steps for sufficient supply of water for public and private purposes within the Municipal area. It is, therefore, clear that it is an obligatory duty of the Corporation to take adequate steps for sufficient supply of water for public and private purposes within the Municipal area. In, other words, the Corporation cannot deny the citizens residing in the said Colony the basic amenity of supply of water which is provided to all other inhabitants according to its plans. The obligatory duty is directed towards the management, maintenance and acquisition of water works to ensure a suffcient supply of water. There is, however, no provision making it incumbent upon the Corporation to take over under compulsion any water works run by a private agency or the gujarat Housing Board. It was sought to be contended on behalf of the petitioners that it would be incumbent upon the Corporation to take over the water works from which water was supplied by the Gujarat Housing board to the residents of the said Colony under the provisions of Sec. 189 (2) of the Act. Section 189 (2) of the Act, inter alia, provides that, for the purpose of carrying out the obligation imposed by sub-sec. (1) and of providing the City with a supply of water proper and sufficient for public and private purposes, the Commissioner may with the approval of the Corporation improve and extend water works and purchase or take on lease any water work within or without the city. The provisions of sec. 189 (2) obviously do not cast any duty on the Commissioner to take over the water work run by the Gujarat Housing Board or any other agency. From the fact that it is open to the Commissioner with the approval of the Corporation to take over by purchase or by lease any water work and the management and maintenance of all Municipal water works is to be done by the Commissioner under the said provision it cannot be contended that the Commissioner is obliged to take over the water work of the Housing Board. ( 8 ) THE learned Counsel for the respondent-Corporation submitted that the Corporation was not averse to supplying water as per its Water Zone map even to the inhabitants of the Colony, but the priorities are to be examined and those who are totally deprived off water have to be provided with the supply on priority basis. ( 8 ) THE learned Counsel for the respondent-Corporation submitted that the Corporation was not averse to supplying water as per its Water Zone map even to the inhabitants of the Colony, but the priorities are to be examined and those who are totally deprived off water have to be provided with the supply on priority basis. It appears that though representations were made by the residents of the Colony through the Federation, no decision on the question of water supply to the residents of this Colony has taken. It would be expected of the Corporation to take into account all the relevant factors urged by the residents of Krishnanagar Housing Colony for adequate supply of water for their purposes and to discharge its obligatory duties in accordance with law. 8a. It appears that a portion of the approach road to the said Colony which joins the National Highway No. 8 had vested in the Panchayat and thereafter, in the Corporation. It was submitted by the learned Counsel for the Corporation that the portion which is vested in the Corporation or which is part of the Town Planning Scheme will obviously be looked after by the Corporation, and there is no dispute about maintaining such public road. However, so far as the internal roads passing through the Colony are concerned, they would not be public streets which are required to be maintained by the Corporation, until there is vesting in the Municipal body, of such streets provided by Sec. 39 of the Gujarat Housing Board Act. On the State Governments arriving at the requisite satisfaction about the requirements laid down in Sec. 39 (1) (a) (b) (c) of the Act, the State government may declare the street to be a public street and the street shall thereupon vest in the Municipal body and shall henceforth be well maintained, kept in repair, lighted and cleaned by the Municipal Body. In absence of such a Notification, the duty of the Corporation in respect of such streets laid out by the Board under the Housing Scheme cannot arise. In absence of such a Notification, the duty of the Corporation in respect of such streets laid out by the Board under the Housing Scheme cannot arise. ( 9 ) UNDER the above circumstances, the only direction which is required to be given to the respondent-Corporation is that it should consider the representation of the residents of the Housing Colony dated 4/01/1988, a copy of which is at Annexure c to this petition and, after taking into account all the relevant factors urged by the residents of the said Housing Colony for adequate supply of water for their purposes to take necessary action to discharge its obligatory duties in accordance with law, expeditiously, preferably within four months from today. Rule is made absolute to this limited extent with no order as to costs. Application partly allowed. .